,,ib ,union ,calendar ,no4 #dgg #aafth ,,congress #b;d ,session ,h4 ,r4 #hdjh ,report ,no4 #aaf-egi ,,in ,,the ,,house ,,of ,,representatives ,september #bi1 #bjbj,mr4 ,de,fazio 7for himself1 ,mr4 ,graves of ,missouri1 ,mr4 ,larsen of ,washington1 and ,mr4 ,graves of ,louisiana7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,november #af1 #bjbj,reported from the ,committee on ,transportation and ,infrastructure2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to direct the ,administrator of the ,federal ,aviation ,administration to require certain safety standards relating to aircraft1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,aircraft ,certification ,reform and ,accountability ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,safety management systems4,sec4 #c4 ,expert review of organization designation authorizations for transport airplanes4,sec4 #d4 ,certification oversight staff4,sec4 #e4 ,disclosure of safety-critical information4,sec4 #f4 ,periodic reviews of organization designation authorizations4,sec4 #g4 ,limitations on delegation4,sec4 #h4 ,oversight of organization designation authorization unit members4,sec4 #i4 ,integrated project teams4,sec4 #aj4 ,oversight integrity briefing4,sec4 #aa4 ,appeals of certification decisions4,sec4 #ab4 ,employment restrictions4,sec4 #ac4 ,professional development and skills enhancement4,sec4 #ad4 ,voluntary safety reporting program4,sec4 #ae4 ,compensation limitation4,sec4 #af4 ,system safety assessments and other requirements4,sec4 #ag4 ,flight crew alerting4,sec4 #ah4 ,amended type certificates4,sec4 #ai4 ,whistleblower protections4,sec4 #bj4 ,pilot training4,sec4 #ba4 ,nonconformity with approved type design4,sec4 #bb4 ,implementation of recommendations4,sec4 #bc4 ,oversight of ,,faa compliance program4,sec4 #bd4 ,settlement agreement4,sec4 #be4 ,human factors4,sec4 #bf4 ,technical corrections4,sec4 #bg4 ,definitions4 #b4 ,safety management systems 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall initiate a rulemaking proceeding to require each person who holds both a type certificate and a production certificate issued under section #ddgjd of title #di1 ,united ,states ,code1 to adopt1 not later than the earlier of the date that is #ahj days after the issuance of the regulation required under this subsection or the date that is #d years after the date of enactment of this ,act1 a safety management system consistent with the standards and recommended practices contained in annex #ai to the ,convention on ,international ,civil ,aviation 7#fa ,stat4 #aahj7 in effect on the earlier of the date of the issuance of such regulations or the date that is #d years after the date of enactment of this ,act4 7b7 ,contents of regulations ,the regulations issued under subsection 7a7 shall1 at a minimum1 include provisions for the ,administrator's approval of1 and regular oversight of adherence to1 a certificate holder's safety management system adopted pursuant to such regulations4 7c7 ,deadline ,not later than #ab months after the end of the comment period for the proposed rule issued pursuant to subsection 7a71 the ,administrator shall issue a final rule with respect to such proposed rule4 7d7 ,safety reporting program ,the regulations issued under subsection 7a7 shall require a safety management system to include a confidential employee reporting system through which employees can report hazards1 issues1 concerns1 occurrences1 and incidents4 ,a reporting system under this subsection shall include provisions for non-punitive reporting of such items by employees in a manner consistent with other confidential employee reporting systems administered by the ,administrator4 ,such regulations shall also require a certificate holder described in subsection 7a7 to submit a summary of reports received under this subsection to the ,administrator at least twice per year4 7e7 ,code of ethics ,the regulations issued under subsection 7a7 shall require a safety management system to include establishment of a code of ethics applicable to all employees of a certificate holder1 including officers1 which clarifies that safety is the organization's highest priority4 7f7 ,protection of safety information ,section #ddgce7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking title #e if the report and inserting the following3 title #e-- 7#a7 if the report 2 7#b7 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#b7 if the report1 data1 or other information is submitted to the ,federal ,aviation ,administration pursuant to section #b7;d7 of the ,aircraft ,certification ,reform and ,accountability ,act4 4 #c4 ,expert review of organization designation authorizations for transport airplanes 7a7 ,expert review 7#a7 ,establishment ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall convene an expert panel 7in this section referred to as the review panel7 to review and make findings and recommendations on the matters listed in paragraph 7#b74 7#b7 ,contents of review ,with respect to each holder of an organization designation authorization for the design and production of transport airplanes1 the review panel shall review the following3 7,a7 ,the extent to which the holder has implemented a safety culture consistent with the principles of the ,international ,civil ,aviation ,organization ,safety ,management ,manual1 ,fourth ,edition 7,international ,civil ,aviation ,organization ,doc4 ,no4 #iehi7 or any similar successor document4 7,b7 ,the effectiveness of measures instituted by the holder to instill1 among employees and contractors of such holder that support organization designation authorization functions1 a commitment to safety above all other priorities4 7,c7 ,the holder's capability1 based on the holder's organizational structures1 requirements applicable to officers and employees of such holder1 and safety culture1 of making reasonable and appropriate decisions regarding functions delegated to the holder pursuant to the organization designation authorization4 7,d7 ,any other matter determined by the ,administrator for which inclusion in the review would be consistent with the public interest in aviation safety4 7#c7 ,composition of review panel ,the review panel shall consist of-- 7,a7 #b representatives of the ,national ,aeronautics and ,space ,administration2 7,b7 #b employees of the ,administration's ,aircraft ,certification ,service with experience conducting oversight of persons not involved in the design or production of transport airplanes2 7,c7 #a employee of the ,administration's ,aircraft ,certification ,service with experience conducting oversight of persons involved in the design or production of transport airplanes2 7,d7 #b employees of the ,administration's ,flight ,standards ,service with experience in oversight of safety management systems2 7,e7 #a appropriately qualified representative1 designated by the applicable represented organization1 of each of-- 7i7 a labor union representing airline pilots involved in both passenger and all-cargo operations2 7ii7 a labor union1 not selected under clause 7i71 representing airline pilots with expertise in the matters described in paragraph 7#b72 7iii7 a labor union representing employees engaged in the assembly of transport airplanes2 7iv7 the certified bargaining representative under section #gaaa of title #e1 ,united ,states ,code1 for field engineers engaged in the audit or oversight of an organization designation authorization within the ,aircraft ,certification ,service of the ,administration2 and 7v7 the certified bargaining representative for safety inspectors of the ,administration2 7,f7 #b independent experts who have not served as a political appointee in the ,administration and-- 7i7 who hold either a baccalaureate or postgraduate degree in the field of aerospace engineering or a related discipline2 and 7ii7 who have a minimum of #bj years of relevant applied experience2 7,g7 #d air carrier employees whose job responsibilities include administration of a safety management system2 and 7,h7 #d individuals representing #d different holders of organization designation authorizations1 with preference given to individuals representing holders of organization designation authorizations for the design or production of aircraft other than transport airplanes or for the design or production of aircraft engines1 propellers1 or appliances4 7#d7 ,recommendations ,the review panel shall make recommendations to the ,administrator regarding suggested actions to address any deficiencies found after review of the matters listed in paragraph 7#b74 7#e7 ,report 7,a7 ,submission ,not later than #bgj days after the date on which the review panel is established1 the review panel shall transmit to the ,administrator and the congressional committees of jurisdiction a report containing the findings and recommendations of the review panel regarding the matters listed in paragraph 7#b71 except that such report shall include-- 7i7 only such findings endorsed by #aj or more individual members of the review panel2 and 7ii7 only such recommendations described in paragraph 7#d7 endorsed by #ah or more of the individual members of the review panel4 7,b7 ,dissenting views ,in submitting the report required under this paragraph1 the review panel shall append to such report the dissenting views of any individual member or group of members of the review panel regarding the findings or recommendations of the review panel4 7,c7 ,publication ,not later than #e days after receiving the report under subparagraph 7,a71 the ,administrator shall publish such report1 including any dissenting views appended to the report1 on the website of the ,administration4 7,d7 ,termination ,the review panel shall terminate upon submission of the report under subparagraph 7,a74 7#f7 ,administrative provisions 7,a7 ,access to information ,the review panel shall have authority to perform the following actions if a majority of the total number of review panel members consider each action necessary and appropriate3 7i7 ,entering onto the premises of an organization designation authorization holder described in subsection 7a7 for access to and inspection of records or other purposes4 7ii7 ,notwithstanding any other provision of law1 accessing and inspecting unredacted records in the possession of an employee or appointed political official of the ,administration4 7iii7 ,interviewing employees of such organization designation authorization holder or the ,administration as necessary for the panel to complete its work4 7,b7 ,disclosure of financial interests ,each individual serving on the review panel shall disclose to the ,administrator any financial interest held by such individual1 or a spouse or dependent of such individual1 in a business enterprise engaged in the design or production of transport airplanes1 aircraft engines designed for transport airplanes1 or major systems1 components1 or parts thereof4 ,the ,administrator shall publicly post such disclosure on the website of the ,administration in a de-identified form4 7,c7 ,protection of proprietary information2 trade secrets 7i7 ,marking ,the custodian of a record accessed under subparagraph 7,a7 may mark such record as proprietary or containing a trade secret4 ,a marking under this subparagraph shall not be dispositive with respect to whether such record contains any information subject to legal protections from public disclosure4 7ii7 ,nondisclosure for non-,federal government participants 7,i7 ,non-,federal government participants ,prior to participating on the review panel1 each individual serving on the review panel representing a non-,federal entity1 including a labor union1 shall execute an agreement with the ,administrator in which the individual shall be prohibited from disclosing at any time1 except as required by law1 to any person1 foreign or domestic1 any non-public information made accessible to the panel under subparagraph 7,a74 7,,ii7 ,federal employee participants ,federal employees serving on the review panel as representatives of the ,federal ,government and who are required to protect proprietary information and trade secrets under section #aije of title #ah1 ,united ,states ,code1 shall not be required to execute agreements under this subparagraph4 7iii7 ,protection of voluntarily submitted safety information ,information subject to protection from disclosure by the ,administration in accordance with sections #djabc and #ddgce of title #di1 ,united ,states ,code1 is deemed voluntarily submitted to the ,administration under such sections when shared with the review panel and retains its protection from disclosure 7including protection under section #eeb7;b77#c7 of title #e1 ,united ,states ,code74 ,the custodian of a record subject to such protection may mark such record as subject to statutory protections4 ,a marking under this subparagraph shall not be dispositive with respect to whether such record contains any information subject to legal protections from public disclosure4 ,members of the review panel will protect voluntarily submitted safety information and other otherwise exempt information to the extent permitted under applicable law4 7iv7 ,protection of proprietary information and trade secrets ,members of the review panel will protect proprietary information1 trade secrets1 and other otherwise exempt information to the extent permitted under applicable law4 7v7 ,resolving classification of information ,if the review panel and an organization designation authorization holder subject to review under this section disagree as to the proper classification of information described in this subparagraph1 then the deputy chief counsel of the ,administration shall determine the proper classification of such information and whether such information will be redacted4 7,d7 ,applicable law ,public ,law #ib-dfc shall not apply to the panel established under this subsection4 7,e7 ,financial interest defined ,in this paragraph1 the term financial interest-- 7i7 excludes securities held in an index fund2 and 7ii7 includes-- 7,i7 any current or contingent ownership1 equity1 or security interest2 7,,ii7 an indebtedness or compensated employment relationship2 or 7,,iii7 any right to purchase or acquire any such interest1 including a stock option or commodity future4 7b7 ,,faa authority 7#a7 ,in general ,after reviewing the findings of the review panel submitted under subsection 7a77#e71 the ,administrator may limit1 suspend1 or terminate an organization designation authorization subject to review under this section4 7#b7 ,reinstatement ,the ,administrator may condition reinstatement of a limited1 suspended1 or terminated organization designation authorization on the holder's implementation of any corrective actions determined necessary by the ,administrator4 7#c7 ,rule of construction ,nothing in this subsection shall be construed to limit the ,administrator's authority to take any action with respect to an organization designation authorization1 including limitation1 suspension1 or termination of such authorization4 7c7 ,organization designation authorization process improvements ,not later than #a year after receipt of the recommendations submitted under subsection 7a77#e71 the ,administrator shall-- 7#a7 report to the congressional committees of jurisdiction on-- 7,a7 whether the ,administrator has concluded that such holder is able to safely and reliably perform all delegated functions in accordance with all applicable provisions of chapter #ddg of title #di1 ,united ,states ,code1 title #ad1 ,code of ,federal ,regulations1 and other orders or requirements of the ,administrator1 and1 if not1 the ,administrator shall outline-- 7i7 the risk mitigations or other corrective actions1 including the implementation timelines of such mitigations or actions1 the ,administrator has established for or required of such holder as prerequisites for a conclusion by the ,administrator under subparagraph 7,a72 or 7ii7 the status of any ongoing investigatory actions2 and 7,b7 the status of implementation of each of the recommendations of the review panel1 if any1 with which the ,administrator concurs2 and 7#b7 report to the congressional committees of jurisdiction on-- 7,a7 the status of procedures under which the ,administrator will conduct focused oversight of such holder's processes for performing delegated functions with respect to the design of new and derivative transport airplanes and the production of such airplanes2 and 7,b7 the ,administrator's efforts1 to the maximum extent practicable and subject to appropriations1 to increase the number of engineers1 inspectors1 and other qualified technical experts1 as necessary to fulfill the requirements of this section1 in-- 7i7 each office of the ,administration responsible for dedicated oversight of such holder2 and 7ii7 the ,system ,oversight ,division1 or any successor division1 of the ,aircraft ,certification ,service4 7d7 ,non-,concurrence with recommendations ,not later than #f months after receipt of the recommendations submitted under subsection 7a77#e71 with respect to each recommendation of the review panel with which the ,administrator does not concur1 if any1 the ,administrator shall publish on the website of the ,administration and submit to the congressional committees of jurisdiction a detailed explanation as to why1 including if the ,administrator believes implementation of such recommendation would not improve aviation safety4 #d4 ,certification oversight staff 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,administrator #bg1jjj1jjj for each of fiscal years #bjba through #bjbc to recruit and retain engineers1 safety inspectors1 human factors specialists1 and software and cybersecurity experts and other qualified technical experts who perform duties related to the certification of aircraft1 aircraft engines1 propellers1 and appliances4 7b7 ,recruitment and retention 7#a7 ,bargaining units ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall begin collaboration with the exclusive bargaining representatives of engineers1 safety inspectors1 systems safety specialists1 and other qualified technical experts certified under section #gaaa of title #e1 ,united ,states ,code1 to improve recruitment of employees for1 and to implement retention incentives for employees holding1 positions with respect to the certification of aircraft1 aircraft engines1 propellers1 and appliances4 ,if the ,administrator and such representatives are unable to reach an agreement collaboratively1 the ,administrator and such representatives shall negotiate in accordance with section #djabb7;a7 of title #di1 ,united ,states ,code1 to improve recruitment and implement retention incentives for employees described in subsection 7a7 who are covered under a collective bargaining agreement4 7#b7 ,other employees ,notwithstanding any other provision of law1 not later than #cj days after the date of enactment of this ,act1 the ,administration shall improve recruitment of1 and implement retention incentives for1 any individual described in subsection 7a7 who is not covered under a collective bargaining agreement4 7#c7 ,rule of construction ,nothing in this section shall be construed to vest in any exclusive bargaining representative any management right of the ,administrator1 as such right existed on the day before the date of enactment of this ,act4 7#d7 ,availability of appropriations ,any action taken by the ,administrator under this section shall be subject to the availability of appropriations authorized under subsection 7a74 #e4 ,disclosure of safety-critical information 7a7 ,prohibition ,section #ddgjd of title #di1 ,united ,states ,code1 is amended by striking subsection 7e7 and inserting the following3 7e7 ,disclosure of safety-,critical information 7#a7 ,in general ,notwithstanding a delegation described in section #ddgjb7;d71 the ,administrator shall require an applicant for1 or holder of1 a type certificate for a transport-category aircraft covered under part #be of title #ad1 ,code of ,federal ,regulations1 to submit safety-critical information with respect to such aircraft to the ,administrator in such form1 manner1 or time as the ,administrator may require4 ,such safety-critical information shall include-- 7,a7 any design and operational details1 intended functions1 and failure modes of any system that1 without being commanded by the flight crew1 commands the operation of any safety-critical function or feature required for control of an aircraft during flight or that otherwise changes the flight path or airspeed of an aircraft2 7,b7 the design and operational details1 intended functions1 failure modes1 and mode annunciations of autopilot and autothrottle systems1 if applicable2 7,c7 any failure or operating condition that the applicant or holder anticipates or has concluded would result in an outcome with a severity level of hazardous or catastrophic1 as defined in the appropriate ,administration airworthiness requirements and guidance applicable to transport-category aircraft defining risk severity2 7,d7 any adverse handling quality that fails to meet the requirements of applicable regulations without the addition of a software system to augment the flight controls of the aircraft to produce compliant handling qualities2 and 7,e7 a system safety assessment with respect to a system described in subparagraph 7,a7 or 7,b7 or with respect to any component or other system for which failure or erroneous operation of such component or system could result in an outcome with a severity level of hazardous or catastrophic1 as defined in the appropriate ,administration airworthiness requirements and guidance applicable to transport-category aircraft defining risk severity4 7#b7 ,ongoing communications 7,a7 ,newly discovered information ,the ,administrator shall require that an applicant for1 or holder of1 a type certificate disclose to the ,administrator1 in such form1 manner1 or time as the ,administrator may require1 any newly discovered information or design or analysis change that would materially alter any submission to the ,administrator under paragraph 7#a74 7,b7 ,aircraft system development changes ,the ,administrator shall establish multiple milestones throughout the certification process at which a proposed aircraft system will be assessed to determine whether any change to such system during the certification process is such that such system should be considered novel or unusual by the ,administrator4 7#c7 ,flight manuals ,the ,administrator shall ensure that an aircraft flight manual and a flight crew operating manual 7as appropriate or applicable7 for an aircraft contains a description of the operation of a system described in paragraph 7#a77;,a7 and flight crew procedures for responding to a failure or aberrant operation of such system4 7#d7 ,civil penalty 7,a7 ,amount ,notwithstanding section #dfcja1 an applicant for1 or holder of1 a type certificate that knowingly violates paragraph 7#a71 7#b71 or 7#c7 of this subsection shall be liable to the ,administrator for a civil penalty of not more than #a1jjj1jjj for each violation4 7,b7 ,penalty considerations ,in determining the amount of a civil penalty under subparagraph 7,a71 the ,administrator shall consider-- 7i7 the nature1 circumstances1 extent1 and gravity of the violation1 including the length of time that such safety-critical information was known but not disclosed2 and 7ii7 with respect to the violator1 the degree of culpability1 any history of prior violations1 and the size of the business concern4 7#e7 ,revocation and civil penalty for individuals 7,a7 ,in general ,the ,administrator shall revoke any airline transport pilot certificate issued under section #ddgjc held by any individual who1 while acting on behalf of an applicant for1 or holder of1 a type certificate1 knowingly makes a false statement with respect to any of the matters described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a74 7,b7 ,authority to impose civil penalty ,the ,administrator may impose a civil penalty under section #dfcja for each violation described in subparagraph 7,a74 7#f7 ,rule of construction ,nothing in this subsection shall be construed to affect or otherwise inhibit the authority of the ,administrator to deny an application by an applicant for a type certificate or to revoke a type certificate of a holder of such certificate4 7#g7 ,definition of type certificate ,in this subsection1 the term type certificate-- 7,a7 means a type certificate issued under subsection 7a7 or an amendment to such certificate2 and 7,b7 does not include a supplemental type certificate issued under subsection 7b74 4 7b7 ,civil penalty authority ,section #ddgjd of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7f7 ,hearing requirement ,the ,administrator may find that a person has violated subsection 7a77#f7 or paragraph 7#a71 7#b71 or 7#c7 of subsection 7e7 and impose a civil penalty under the applicable subsection only after notice and an opportunity for a hearing4 ,the ,administrator shall provide a person-- 7#a7 written notice of the violation and the amount of penalty2 and 7#b7 the opportunity for a hearing under subpart ,g of part #ac of title #ad1 ,code of ,federal ,regulations4 4 #f4 ,periodic reviews of organization designation authorizations ,section #ddgcf of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,periodic reviews 7#a7 ,in general ,not less than once every #g years1 the ,administrator shall conduct a comprehensive review of the capability of each ,,oda holder for the design of an aircraft1 aircraft engine1 propeller1 or appliance pursuant to a delegation by the ,administrator under section #ddgjb7;d7 to meet the requirements of subpart ,d of part #ahc of title #ad1 ,code of ,federal ,regulations1 based on the holder's organizational structures1 requirements applicable to officers and employees1 and safety culture4 7#b7 ,contents of review ,a comprehensive review under this subsection shall include an assessment of the effectiveness of1 and organization-wide adherence to1 an ,,oda holder's procedures manual and voluntary safety reporting system4 4 #g4 ,limitations on delegation ,section #ddgjb7;d7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,notwithstanding any other provision of law1 the ,administrator may not delegate a matter under this subsection-- 7,a7 with respect to the certification of the design of a novel or unusual design feature that results in a major change to a type design1 except when the ,administrator determines-- 7i7 a matter is a routine task2 or 7ii7 during the course of the certification process1 that a matter no longer relates to a novel or unusual design feature2 or 7,b7 on the sole basis that the ,federal ,aviation ,administration lacks a sufficient number of personnel qualified or with the requisite expertise to perform the function4 4 #h4 ,oversight of organization designation authorization unit members 7a7 ,in general ,chapter #ddg of title #di1 ,united ,states ,code1 as amended by this ,act1 is amended by adding at the end the following3 #ddgda4 ,approval of organization designation authorization unit members 7a7 ,in general ,beginning on the date that is #a year after the date of enactment of the ,aircraft ,certification ,reform and ,accountability ,act1 each individual who is selected on or after such date to become a member of an ,,oda unit by an ,,oda holder engaged in the design of an aircraft1 aircraft engine1 propeller1 or appliance and performs an authorized function pursuant to a delegation by the ,administrator of the ,federal ,aviation ,administration under section #ddgjb7;d7-- 7#a7 shall be an employee1 a contractor1 or the employee of a supplier of the ,,oda holder2 and 7#b7 may not become a member of such unit unless approved by the ,administrator pursuant to this section4 7b7 ,process and timeline 7#a7 ,in general ,the ,administrator shall maintain an efficient process for the review and approval of an individual to become a member of an ,,oda unit under this section4 7#b7 ,process ,an ,,oda holder described in subsection 7a7 may submit to the ,administrator an application for an individual to be approved to become a member of an ,,oda unit under this section4 ,the application shall be submitted in such form and manner as the ,administrator determines appropriate4 ,the ,administrator shall require an ,,oda holder to submit with such an application information sufficient to demonstrate an individual's qualifications under subsection 7c74 7#c7 ,timeline ,the ,administrator shall approve or reject an individual that is selected by an ,,oda holder to become an ,,oda unit member under this section not later than #cj days after the receipt of an application by an ,,oda holder4 7#d7 ,documentation of approval ,upon approval of an individual to become a member of an ,,oda unit under this section1 the ,administrator shall provide such individual a letter confirming that such individual has been approved by the ,administrator under this section to be an ,,oda unit member4 7#e7 ,reapplication ,an ,,oda holder may submit an application under this subsection for an individual to become a member of an ,,oda unit under this section regardless of whether an application for such individual was previously rejected by the ,administrator4 7c7 ,qualifications 7#a7 ,in general ,the ,administrator shall issue minimum qualifications for an individual to become a member of an ,,oda unit under this section4 ,in issuing such qualifications1 the ,administrator shall consider existing qualifications for ,administration employees with similar duties and whether such individual-- 7,a7 is technically proficient and qualified to perform the authorized functions sought2 7,b7 has no recent record of serious enforcement action1 as determined by the ,administrator1 taken by the ,administrator with respect to any certificate1 approval1 or authorization held by such individual2 7,c7 is of good moral character 7as such qualification is applied to an applicant for an airline transport pilot certificate issued under section #ddgjc72 7,d7 possesses the knowledge of applicable design or production requirements in this chapter and in title #ad1 ,code of ,federal ,regulations1 necessary for performance of the authorized functions sought2 7,e7 possesses a high degree of knowledge of applicable design or production principles1 system safety principles1 or safety risk management processes appropriate for the authorized functions sought2 and 7,f7 meets such testing1 examination1 training1 or other qualification standards as the ,administrator determines are necessary to ensure the individual is competent and capable of performing the authorized functions sought4 7#b7 ,previously rejected application ,in reviewing an application for an individual to become a member of an ,,oda unit under this section1 if an application for such individual was previously rejected1 the ,administrator shall ensure that the reasons for the prior rejection have been resolved or mitigated to the ,administrator's satisfaction before making a determination on the individual's reapplication4 7d7 ,rescission of approval ,the ,administrator may rescind an approval of an individual as a member of an ,,oda unit granted pursuant to this section at any time and for any reason the ,administrator considers appropriate4 ,the ,administrator shall develop procedures to provide for notice and opportunity to appeal rescission decisions made by the ,administrator4 ,such decisions by the ,administrator are not subject to judicial review4 7e7 ,records and briefings 7#a7 ,in general ,beginning on the date described in subsection 7a71 an ,,oda holder shall maintain1 for a period to be determined by the ,administrator and with proper protections to ensure the security of sensitive and personal information-- 7,a7 any data1 applications1 records1 or manuals required by the ,,oda holder's approved procedures manual1 as determined by the ,administrator2 7,b7 the names1 responsibilities1 qualifications1 and example signature of each member of the ,,oda unit who performs an authorized function pursuant to a delegation by the ,administrator under section #ddgjb7;d72 7,c7 training records for ,,oda unit members and ,,oda administrators2 and 7,d7 any other data1 applications1 records1 or manuals determined appropriate by the ,administrator4 7#b7 ,congressional briefing ,not later than #ij days after the date of enactment of the ,aircraft ,certification ,reform and ,accountability ,act1 and every #ij days thereafter through ,september #cj1 #bjbc1 the ,administrator shall provide to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a briefing on the implementation and effects of this section1 including-- 7,a7 the ,administration's performance in completing reviews of individuals and approving or denying such individuals within the timeline required under subsection 7b77#c72 7,b7 for any individual rejected by the ,administrator under subsection 7b7 during the preceding #ij-;day period1 the reasoning or basis for such rejection2 and 7,c7 any resource1 staffing1 or other challenges within the ,administration associated with implementation of this section4 7f7 ,special review of qualifications 7#a7 ,in general ,not later than #cj days after the issuance of minimum qualifications under subsection 7c71 the ,administrator shall initiate a review of the qualifications of each individual who on the date on which such minimum qualifications are issued is a member of an ,,oda unit of a holder of a type certificate for a transport airplane to ensure such individual meets the minimum qualifications issued by the ,administrator under subsection 7c74 7#b7 ,unqualified individual ,for any individual who is determined by the ,administrator not to meet such minimum qualifications pursuant to the review conducted under paragraph 7#a71 the ,administrator-- 7,a7 shall determine whether the lack of qualification may be remedied and1 if so1 provide such individual with an action plan or schedule for such individual to meet such qualifications2 or 7,b7 may1 if the ,administrator determines the lack of qualification may not be remedied1 take appropriate action1 including prohibiting such individual from performing an authorized function4 7#c7 ,deadline 7,a7 ,the ,administrator shall complete the review required under paragraph 7#a7 not later than #ah months after the date on which such review was initiated4 7,b7 ,if the ,administrator fails to complete the review in compliance with subparagraph 7,a71 the ,secretary of ,transportation shall assume the responsibility for completing the review4 7,c7 ,the ,secretary's completion of the review under subparagraph 7,b7-- 7i7 may not be delegated to the ,administration2 and 7ii7 shall be completed within #abj days of the date the ,secretary's assumption of responsibility following the ,administrator's failure to complete the review in compliance with subparagraph 7,a74 7#d7 ,savings clause ,an individual approved to become a member of an ,,oda unit of a holder of a type certificate for a transport airplane under subsection 7a7 shall not be subject to the review under this subsection4 7g7 ,prohibition ,the ,administrator may not authorize an organization or ,,oda holder to approve an individual selected by an ,,oda holder to become an ,,oda unit member under this section4 7h7 ,definitions 7#a7 ,general applicability ,the definitions contained in section #ddgcf shall apply to this section4 7#b7 ,transport airplane ,the term transport airplane means a transport-category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of #cj or more or an all-cargo or combi derivative of such an airplane4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #c1jjj1jjj for each of fiscal years #bjba through #bjbc4 #ddgdb4 ,interference with the duties of organization designation authorization unit members 7a7 ,in general ,the ,administrator of the ,federal ,aviation ,administration shall continuously seek to eliminate or minimize interference by an ,,oda holder that affects the performance of authorized functions by members of an ,,oda unit4 7b7 ,prohibition 7#a7 ,in general ,it shall be unlawful for any individual who is employed by an ,,oda holder to commit an act of interference with an ,,oda unit member's performance of authorized functions4 7#b7 ,civil penalty 7,a7 ,individuals ,an individual shall be subject to a civil penalty under section #dfcja7;a77#a7 for each violation under paragraph 7#a74 7,b7 ,savings clause ,nothing in this paragraph shall be construed as limiting or constricting any other authority of the ,administrator to pursue an enforcement action against an individual or organization for violation of applicable ,federal laws or regulations of the ,administration4 7c7 ,reporting 7#a7 ,reports to ,,oda holder ,a member of an ,,oda unit shall promptly report any instances of interference experienced or witnessed by such member to the office of the ,,oda holder that is designated to receive such reports4 7#b7 ,reports to the ,,faa 7,a7 ,in general ,the ,,oda holder office described in paragraph 7#a7 shall submit to the office of the ,administration designated by the ,administrator to accept and review such reports any credible instances of interference reported under paragraph 7#a74 7,b7 ,contents ,a report to the ,administration under this paragraph shall be submitted in a manner1 at a time1 and in a form prescribed by the ,administrator4 ,such report shall include the results of any investigation conducted by the ,,oda holder in response to a report of interference1 a description of any action taken by the ,,oda holder as a result of the report of interference1 and any other information or potentially mitigating factors the ,,oda holder or the ,administrator deems appropriate4 7,c7 ,use of report ,the ,administrator may use the information submitted in a report under this paragraph1 including the actions taken by an ,,oda holder in response to a report under paragraph 7#a71 in determining whether to issue a civil penalty pursuant to subsection 7b7 or whether such civil penalty should be subject to a setoff or compromised4 7#c7 ,rule of construction ,nothing in this subsection shall be construed to preclude a member of an ,,oda unit from reporting an instance of interference reported under paragraph 7#a7 directly to the ,administration4 ,each ,,oda holder shall provide notice to each member of such holder's ,,oda unit stating that such individual may report an instance of interference reported under paragraph 7#a7 directly to the ,administration4 7d7 ,definitions 7#a7 ,general applicability ,the definitions contained in section #ddgcf shall apply to this section4 7#b7 ,interference ,in this section1 the term interference means-- 7,a7 blatant or egregious statements or behavior1 such as harassment1 beratement1 or threats1 that a reasonable person would conclude was intended to improperly influence or prejudice an ,,oda unit member's performance of his or her duties2 or 7,b7 the presence of non-,,oda unit duties or activities that conflict with the performance of authorized functions by ,,oda unit members4 4 7b7 ,lateral communications 7#a7 ,contact with administration ,the ,administrator shall ensure that employees of the ,administration with responsibility for aircraft certification functions may directly contact non-managerial employees of an aircraft manufacturer for consultation regarding the certification of aircraft design1 production1 and other matters4 7#b7 ,prohibition ,it shall be a violation of section #ddgcf7;a77#b77;,c7 of title #di1 ,united ,states ,code1 for a manufacturer to prohibit employees from contacting any employee of the ,administration or otherwise impose any condition1 restriction1 or penalty 7including by requiring prior notice to or the approval of any supervisor or manager7 with respect to such contact1 except that such manufacturer may institute reasonable1 company-wide policies requiring documentation of communications regarding aircraft design or production between the manufacturer's employees and ,administration employees4 7c7 ,,oda program enhancements ,section #ddgcf of title #di1 ,united ,states ,code1 is further amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7 by striking the semicolon and inserting 2 and2 7ii7 by striking subparagraph 7,b72 7iii7 in subparagraph 7,c7 by striking 2 and and inserting a period2 7iv7 by striking subparagraph 7,d72 and 7v7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 and 7,b7 in paragraph 7#c7 by striking shall-- and all that follows through the end and inserting shall conduct regular oversight activities by inspecting the ,,oda holder's delegated functions and taking action based on validated inspection findings42 and 7#b7 in subsection 7b77#c7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking clause 7i7 and redesignating clauses 7ii71 7iii71 and 7iv7 as clauses 7i71 7ii71 and 7iii71 respectively2 7ii7 in clause 7i7 as redesignated by inserting 1 as appropriate1 after require2 7iii7 in clause 7ii7 as redesignated by inserting 1 as appropriate1 after require2 and 7iv7 in clause 7iii7 as redesignated by inserting when appropriate1 before make a reassessment2 7,b7 by striking subparagraph 7,b72 7,c7 in subparagraph 7,d7 by striking the semicolon and inserting 2 and2 7,d7 in subparagraph 7,e7 by striking 2 and and inserting a period2 7,e7 in subparagraph 7,f7 by inserting 1 when appropriate1 before approve2 and 7,f7 by redesignating subparagraphs 7,c71 7,d71 7,e71 and 7,f7 as subparagraphs 7,b71 7,c71 7,d71 and 7,e71 respectively4 7d7 ,technical corrections 7#a7 ,section #ddgcg ,chapter #ddg of title #di1 ,united ,states ,code1 is further amended by redesignating the second section #ddgcg 7as added by section #eha of the ,,faa ,reauthorization ,act of #bjah7 as section #ddgdj4 7#b7 ,analysis ,the analysis for chapter #ddg of title #di1 ,united ,states ,code1 is amended-- 7,a7 by striking the item relating to the second section #ddgcg 7as added by section #eha of the ,,faa ,reauthorization ,act of #bjah72 and 7,b7 by inserting after the item relating to section #ddgci the following new items3 #ddgdj4 ,special rule for certain aircraft operations4 #ddgda4 ,approval of organization designation authorization unit members4 #ddgdb4 ,interference with the duties of organization designation authorization unit members4 4 7#c7 ,special rule for certain aircraft operations ,section #ddgdj of title #di1 ,united ,states ,code 7as redesignated by subsection 7a771 is amended-- 7,a7 in the heading by striking the period at the end2 7,b7 in subsection 7a77#a7 by striking chapter and inserting section2 7,c7 in subsection 7b77#a7 by striking 7#a7 the second time it appears2 and 7,d7 in subsection 7c77#b7 by adding a period at the end4 #i4 ,integrated project teams 7a7 ,in general ,upon receipt of an application for a type certificate for a new transport airplane1 the ,administrator shall convene an interdisciplinary integrated project team responsible for coordinating review of such application4 7b7 ,membership ,in convening an interdisciplinary integrated project team under subsection 7a71 the ,administrator shall appoint employees of the ,administration with specialized expertise and experience in the fields of engineering1 systems design1 human factors1 and pilot training1 including1 at a minimum-- 7#a7 not less than #a designee of the ,associate ,administrator for ,aviation ,safety whose duty station is in the ,administration's headquarters2 7#b7 representatives of the ,aircraft ,certification ,service of the ,administration2 7#c7 representatives of the ,flight ,standards ,service of the ,administration2 7#d7 experts in the fields of human factors1 aerodynamics1 flight controls1 software1 and systems design2 and 7#e7 any other subject matter expert whom the ,administrator determines appropriate4 #aj4 ,oversight integrity briefing ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall brief the congressional committees of jurisdiction on specific measures the ,administrator has taken to reinforce that each employee of the ,administration responsible for overseeing an organization designation authorization with respect to the certification of aircraft perform such responsibility in accordance with safety management principles and in the public interest of aviation safety4 #aa4 ,appeals of certification decisions 7a7 ,in general ,section #ddgjd1 of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7g7 ,certification dispute resolution 7#a7 ,dispute resolution process and appeals 7,a7 ,in general ,not later than #fj days after the date of enactment of this subsection1 the ,administrator shall issue an order establishing-- 7i7 an effective1 timely1 and milestone-based issue resolution process for type certification activities under subsection 7a72 and 7ii7 a process by which a decision1 finding of compliance or noncompliance1 or other act of the ,administration1 with respect to compliance with design requirements1 may be appealed by a covered person directly involved with the certification activities in dispute on the basis that such decision1 finding1 or act is erroneous or inconsistent with this chapter1 regulations1 or guidance materials promulgated by the ,administrator1 or other requirements4 7,b7 ,escalation ,the order issued under subparagraph 7,a7 shall provide for-- 7i7 resolution of technical issues at pre-established stages of the certification process1 as agreed to by the ,administrator and the type certificate applicant2 7ii7 automatic elevation to appropriate management personnel of the ,administration and the type certificate applicant of any major certification process milestone that is not completed or resolved within a specific period of time agreed to by the ,administrator and the type certificate applicant2 7iii7 resolution of a major certification process milestone elevated pursuant to clause 7ii7 with a specific period of time agreed to by the ,administrator and the type certificate applicant2 7iv7 initial review by appropriate ,administration employees of any appeal described in subparagraph 7,a77ii72 and 7v7 subsequent review of any further appeal by appropriate management personnel of the ,administration and the ,associate ,administrator for ,aviation ,safety4 7,c7 ,disposition 7i7 ,written decision ,the ,associate ,administrator for ,aviation ,safety shall issue a written decision on each appeal submitted under subparagraph 7,a77ii71 stating the grounds for the decision of the ,associate ,administrator4 7ii7 ,report to congress ,not later than ,december #ca of each calendar year through calendar year #bjbe1 the ,administrator shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report summarizing each appeal resolved under this subsection4 7,d7 ,final review 7i7 ,in general ,a written decision of the ,associate ,administrator under subparagraph 7,c7 may be appealed to the ,administrator for a final review and determination4 7ii7 ,decline to review ,the ,administrator may decline to review an appeal initiated pursuant to clause 7i74 7iii7 ,judicial review ,notwithstanding any other provision of law1 neither a final determination of the ,administrator under clause 7i7 nor a decision to decline to review an appeal under clause 7ii7 shall be subject to judicial review4 7#b7 ,prohibited contacts 7,a7 ,prohibition generally ,during the course of an appeal under this subsection1 no covered official may engage in an ex parte communication with an individual representing or acting on behalf of an applicant for1 or holder of1 a certificate under this section in relation to such appeal unless such communication is disclosed pursuant to subparagraph 7,b74 7,b7 ,disclosure ,if1 during the course of an appeal under this subsection1 a covered official engages in1 receives1 or is otherwise made aware of an ex parte communication1 the covered official shall disclose such communication in the public record at the time of the issuance of the written decision in accordance with subsection 7g77#a77;,c71 including the time and date of the communication1 subject of communication1 and all persons engaged in such communication4 7#c7 ,definitions ,in this subsection3 7,a7 ,covered person ,the term covered person means either-- 7i7 an employee of the ,administration whose responsibilities relate to the certification of aircraft1 engines1 propellers1 or appliances2 or 7ii7 an applicant for1 or holder of1 a type certificate or amended type certificate issued under this section4 7,b7 ,covered official ,the term covered official means the following officials3 7i7 ,the ,executive ,director or any ,deputy ,director of the ,aircraft ,certification ,service4 7ii7 ,the ,deputy ,executive ,director for ,regulatory ,operations of the ,aircraft ,certification ,service4 7iii7 ,the ,director or ,deputy ,director of the ,compliance and ,airworthiness ,division of the ,aircraft ,certification ,service4 7iv7 ,the ,director or ,deputy ,director of the ,system ,oversight ,division of the ,aircraft ,certification ,service4 7v7 ,the ,director or ,deputy ,director of the ,policy and ,innovation ,division of the ,aircraft ,certification ,service4 7vi7 ,the ,executive ,director or any ,deputy ,executive ,director of the ,flight ,standards ,service4 7vii7 ,the ,associate ,administrator or ,deputy ,associate ,administrator for ,aviation ,safety4 7viii7 ,the ,deputy ,administrator of the ,federal ,aviation ,administration4 7ix7 ,the ,administrator of the ,federal ,aviation ,administration4 7x7 ,any similarly situated or successor ,,faa management position1 as determined by the ,administrator4 7,c7 ,major certification process milestone ,the term major certification process milestone means a milestone related to the type certification basis1 type certification plan1 type inspection authorization1 issue paper1 or other major type certification activity agreed to by the ,administrator and the type certificate applicant4 7#d7 ,rule of construction ,nothing in this subsection shall apply to the communication of a good-faith complaint by any individual alleging-- 7,a7 gross misconduct2 7,b7 a violation of title #ah2 or 7,c7 a violation of any of the provisions of part #bfce or #fjja of title #e1 ,code of ,federal ,regulations4 4 7b7 ,conforming amendment ,section #ddgjd7;a7 is amended by striking paragraph 7#f74 #ab4 ,employment restrictions 7a7 ,disqualification based on prior employment ,an employee of the ,administration with supervisory responsibility may not direct1 conduct1 or otherwise participate in oversight of a holder of a certificate issued under section #ddgjd that previously employed such employee in the preceding #a-year period4 7b7 ,post-,employment restrictions ,section #ddgaa7;d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7d7 ,post-,employment restrictions for inspectors and engineers 7#a7 ,prohibition ,a person holding a certificate issued under part #ba or #aai of title #ad1 ,code of ,federal ,regulations1 may not knowingly employ1 or make a contractual arrangement that permits1 an individual to act as an agent or representative of such person in any matter before the ,administration if the individual1 in the preceding #b-year period-- 7,a7 served as1 or was responsible for oversight of-- 7i7 a flight standards inspector of the ,administration2 or 7ii7 an employee of the ,administration with responsibility for certification functions with respect to a holder of a certificate issued under section #ddgjd7;a72 and 7,b7 had responsibility to inspect1 or oversee inspection of1 the operations of such person4 7#b7 ,written and oral communications ,for purposes of paragraph 7#a71 an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the ,administration if the individual makes any written or oral communication on behalf of the certificate holder to the ,administration 7or any of its officers or employees7 in connection with a particular matter1 whether or not involving a specific party and without regard to whether the individual has participated in1 or had responsibility for1 the particular matter while serving as an individual covered under paragraph 7#a74 4 #ac4 ,professional development and skills enhancement 7a7 ,in general ,the ,administrator shall-- 7#a7 develop a program for regular recurrent training of engineers1 inspectors1 and other subject-matter experts employed in the ,aircraft ,certification ,service of the ,administration in accordance with the training strategy developed pursuant to section #bca of the ,,faa ,reauthorization ,act of #bjah 7,public ,law #aae-bed2 #acb ,stat4 #cbef72 and 7#b7 to the maximum extent practicable1 implement measures1 including assignments in multiple divisions of the ,aircraft ,certification ,service1 to ensure that such engineers and other subject-matter experts in the ,aircraft ,certification ,service have access to diverse professional opportunities that expand their knowledge and skills4 7b7 ,implementation ,the ,administrator shall1 to the maximum extent practicable1 ensure that actions taken pursuant to subsection 7a7-- 7#a7 permit engineers1 inspectors1 and other subject matter experts to continue developing knowledge of1 and expertise in1 new and emerging technologies in systems design1 flight controls1 principles of aviation safety1 system oversight1 and certification project management2 7#b7 minimize the likelihood of an individual developing an inappropriate bias toward a designer or manufacturer of aircraft1 aircraft engines1 propellers1 or appliances2 7#c7 are consistent with any applicable collective bargaining agreements2 and 7#d7 account for gaps in knowledge and skills between ,administration employees and private-sector employees1 as identified by the exclusive bargaining representatives certified under section #gaaa of title #e1 ,united ,states ,code1 for each group of ,administration employees covered under this section4 #ad4 ,voluntary safety reporting program 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall begin collaboration with the exclusive bargaining representatives of engineers1 safety inspectors1 systems safety specialists1 and other subject matter experts certified under section #gaaa of title #e1 ,united ,states ,code1 to implement a confidential voluntary safety reporting program1 in a manner that is consistent with other voluntary reporting programs administered by the ,administrator4 ,the program shall include provisions addressing1 at a minimum-- 7#a7 participation in all facets of the program by the exclusive bargaining representatives for employees identified in the matter preceding this paragraph2 7#b7 protections for frontline employees from adverse employment actions related to their participation in the program2 7#c7 identification of exclusionary criteria2 and 7#d7 creation of a corrective action process in order to address safety issues that are identified through the program4 7b7 ,negotiations ,if the ,administrator and the representatives described in subsection 7a7 are unable to reach an agreement collaboratively1 the ,administrator and such representatives shall negotiate in accordance with section #djabb7;a7 of title #di1 ,united ,states ,code1 to reach agreement on the terms and conditions of such a program4 #ae4 ,compensation limitation ,notwithstanding any other provision of law1 an employee of the ,administration may not receive an adjustment to the employee's compensation solely on the basis of the employee's performance in meeting or exceeding a deadline related to the completion of certification functions4 #af4 ,system safety assessments and other requirements 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall issue such regulations as are necessary to amend title #ad1 ,code of ,federal ,regulations1 and any associated advisory circular1 guidance1 or policy of the ,administration1 in accordance with this section4 7b7 ,system safety assessments and other requirements ,in developing regulations under subsection 7a71 the ,administrator shall-- 7#a7 require an applicant for an amended type certificate for a transport airplane to-- 7,a7 perform a system safety assessment with respect to each proposed design change that the ,administrator determines is significant1 with such assessment considering the airplane-level effects of individual errors1 malfunctions1 or failures and realistic pilot response times to such errors1 malfunctions1 or failures related to such change2 7,b7 update such assessment to account for each subsequent proposed design change that the ,administrator determines is significant2 and 7,c7 provide appropriate employees of the ,administration with the data and assumptions underlying each assessment and amended assessment2 and 7#b7 work with other civil aviation authorities representing states of design to ensure such regulations remain harmonized internationally4 7c7 ,,faa review ,appropriate employees of the ,aircraft ,certification ,service and the ,flight ,standards ,service of the ,administration shall review each system safety assessment required under subsection 7b77#a77;,a71 updated assessment required under subsection 7b77#a77;,b71 and supporting data and assumptions required under subsection 7b77#a77;,c71 to ensure that each such assessment sufficiently considers the matters listed under subsection 7b77#a74 #ag4 ,flight crew alerting 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall fully implement ,national ,transportation ,safety ,board recommendations ,a-#ai-aa and ,a-#ai-ab 7as contained in the safety recommendation report adopted on ,september #i1 #bjai74 7b7 ,prohibition ,beginning on the date that is #b years after the date of enactment of this ,act1 the ,administrator may not issue a type certificate for a transport-category aircraft unless-- 7#a7 in the case of a transport airplane1 such airplane incorporates a flight crew alerting system that1 at a minimum1 displays and differentiates among warnings1 cautions1 and advisories1 and includes functions to assist the flight crew in prioritizing corrective actions and responding to systems failures2 or 7#b7 in the case of a transport-category aircraft other than a transport airplane1 the type certificate applicant provides a means acceptable to the ,administrator to assist the flight crew in prioritizing corrective actions and responding to systems failures 7including by cockpit or flight manual procedures74 #ah4 ,amended type certificates 7a7 ,review and reevaluation of amended type certificates 7#a7 ,international leadership ,the ,administrator shall exercise leadership in the creation of international policies and standards relating to the issuance of amended type certificates within the group of international civil aviation authorities known as the ,certificate ,management ,team4 7#b7 ,reevaluation of amended type certificates ,in carrying out this subsection1 the ,administrator shall-- 7,a7 encourage ,certificate ,management ,team members to examine and address any relevant covered recommendations 7as defined in section #bb7 relating to the issuance of amended type certificates2 7,b7 reevaluate existing assumptions and practices inherent in the amended type certificate process and assess whether such assumptions and practices are valid2 and 7,c7 ensure1 to the greatest extent practicable1 that ,federal regulations relating to the issuance of amended type certificates are harmonized with the regulations of other international states of design4 7b7 ,amended type certificate report and rulemaking 7#a7 ,report on certificate management team efforts ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall submit a report to the congressional committees of jurisdiction on the efforts by the ,certificate ,management ,team to modify and harmonize policies and regulations relating to the issuance of amended type certificates4 7#b7 ,initiation of action ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall revise and improve the process of issuing amended type certificates in accordance with this section4 ,such action may include the revision of guidance1 the initiating of a rulemaking1 or such other action as the ,administrator determines necessary to implement this section4 7#c7 ,contents ,in taking an action required under paragraph 7#b71 the ,administrator shall-- 7,a7 consider-- 7i7 the findings and work of the ,certificate ,management ,team and other similar international harmonization efforts2 7ii7 any relevant covered recommendations 7as defined in section #bb72 and 7iii7 whether a fixed time beyond which a type certificate may not be amended would improve aviation safety2 and 7,b7 establish the extent to which the following design characteristics should preclude the issuance of an amended type certificate3 7i7 ,a new or revised flight control system4 7ii7 ,any substantial changes to aerodynamic stability resulting from a physical change that may require a new or modified software system or control law in order to produce positive and acceptable stability and handling qualities4 7iii7 ,a flight control system or augmented software to maintain aerodynamic stability in any portion of the flight envelope that was not required for a previously certified derivative4 7iv7 ,a change in structural components 7other than a stretch or shrink of the fuselage7 that results in a change in structural load paths or the magnitude of structural loads attributed to flight maneuvers or cabin pressurization4 7v7 ,a novel or unusual system1 component1 or other feature whose failure would present a hazardous or catastrophic risk4 7#d7 ,deadline ,the ,administrator shall finalize the actions initiated under paragraph 7#b7 not later than #c years after the date of enactment of this ,act4 7c7 ,international leadership ,the ,administrator shall exercise leadership within the ,international ,civil ,aviation ,organization and among other civil aviation regulators representing states of aircraft design to advocate for the adoption of requirements equivalent to those described in this section4 #ai4 ,whistleblower protections ,section #dbaba of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,prohibited discrimination ,a holder of a certificate under section #ddgjd or #ddgje of this title1 or contractor or subcontractor of such holder1 may not discharge an employee or otherwise discriminate against an employee with respect to compensation1 terms1 conditions1 or privileges of employment because the employee 7or any person acting pursuant to a request of the employee7-- 7#a7 provided1 caused to be provided1 or is about to provide 7with any knowledge of the employer7 or cause to be provided to the employer or ,federal ,government information relating to any violation or alleged violation of any order1 regulation1 or standard of the ,federal ,aviation ,administration or any other provision of ,federal law relating to aviation safety under this subtitle or any other law of the ,united ,states2 7#b7 has filed1 caused to be filed1 or is about to file 7with any knowledge of the employer7 or cause to be filed a proceeding relating to any violation or alleged violation of any order1 regulation1 or standard of the ,federal ,aviation ,administration or any other provision of ,federal law relating to aviation safety under this subtitle or any other law of the ,united ,states2 7#c7 testified or is about to testify in such a proceeding2 or 7#d7 assisted or participated or is about to assist or participate in such a proceeding4 2 7#b7 by striking subsection 7d7 and inserting the following3 7d7 ,nonapplicability ,to deliberate violations ,subsection 7a7 shall not apply with respect to an employee of a holder of a certificate issued under section #ddgjd or #ddgje1 or a contractor or subcontractor thereof1 who1 acting without direction from such certificate-holder1 contractor1 or subcontractor 7or such person's agent71 deliberately causes a violation of any requirement relating to aviation safety under this subtitle or any other law of the ,united ,states4 2 and 7#c7 by striking subsection 7e7 and inserting the following3 7e7 ,contractor defined ,in this section1 the term contractor means-- 7#a7 a person that performs safety-sensitive functions by contract for an air carrier or commercial operator2 or 7#b7 a person that performs safety-sensitive functions related to the design or production of an aircraft1 aircraft engine1 propeller1 appliance1 or component thereof by contract for a holder of a certificate issued under section #ddgjd4 4 #bj4 ,pilot training 7a7 ,in general ,chapter #ddg of title #di1 ,united ,states ,code1 as amended by section #h1 is further amended by adding at the end the following3 #ddgdc4 ,pilot training requirements 7a7 ,in general 7#a7 ,administrator's determination ,in establishing any pilot training requirements with respect to a new transport airplane1 the ,administrator of the ,federal ,aviation ,administration shall independently review any proposal by the manufacturer of such airplane with respect to the scope1 format1 or minimum level of training required for operation of such airplane4 7#b7 ,assurances and marketing representations ,before the ,administrator has established applicable training requirements1 an applicant for a new or amended type certificate for an airplane described in paragraph 7#a7 may not1 with respect to the scope1 format1 or magnitude of pilot training for such airplane-- 7,a7 make any assurance1 whether verbal or in writing1 to a potential purchaser of such airplane unless a clear and conspicuous disclaimer 7as defined by the ,administrator7 is included regarding the status of training required for operation of such airplane2 or 7,b7 provide financial incentives 7including rebates7 to a potential purchaser of such airplane regarding the scope1 format1 or magnitude of pilot training for such airplane4 7b7 ,pilot response time ,beginning on the day after the date on which regulations are issued under section #bj7;b77#e7 of the ,aircraft ,certification ,reform and ,accountability ,act1 the ,administrator may not issue a new or amended type certificate for an airplane described in subsection 7a7 unless the applicant for such certificate has demonstrated to the ,administrator that the applicant has accounted for realistic assumptions regarding the time for pilot responses to non-normal conditions in designing the systems and instrumentation of such airplane4 ,such assumptions shall-- 7#a7 be based on test data1 analysis1 or other technical validation methods2 and 7#b7 account for generally accepted scientific consensus among experts in human factors regarding realistic pilot response time4 7c7 ,definition ,in this section1 the term transport airplane means a transport-category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of #cj or more or an all-cargo or combi derivative of such an airplane4 4 7b7 ,conforming amendment ,the analysis for chapter #ddg of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 #ddgdc4 ,pilot training requirements4 4 7c7 ,expert safety review 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,administrator shall initiate an expert safety review of assumptions relied upon by the ,administration and manufacturers of transport-category aircraft in the design and certification of such aircraft4 7#b7 ,contents ,the expert safety review required under paragraph 7#a7 shall include-- 7,a7 a review of ,administration regulations1 guidance1 and directives related to pilot response assumptions relied upon by the ,,faa and manufacturers of transport-category aircraft in the design and certification of such aircraft2 7,b7 a focused review of the assumptions relied on regarding the time for pilot responses to non-normal conditions in designing such aircraft's systems and instrumentation2 7,c7 a review of revisions made to the airman certification standards for certificates over the last four years1 including any possible effects on pilot competency in basic manual flying skills2 7,d7 consideration of the global nature of the aviation marketplace1 varying levels of pilot competency1 and differences in pilot training programs worldwide2 and 7,e7 a process for aviation stakeholders1 including pilots1 airlines1 inspectors1 engineers1 test pilots1 human factors experts1 and other aviation safety experts1 to provide and discuss any observations1 feedback1 and best practices4 7#c7 ,report and recommendations ,not later than #cj days after the conclusion of the expert safety review pursuant to paragraph 7#a71 the ,administrator shall submit to the congressional committees of jurisdiction a report on the results of the review1 any recommendations for actions or best practices to ensure the ,,faa and the manufacturers of transport-category aircraft have accounted for pilot response assumptions to be relied upon in the design and certification of transport-category aircraft4 7#d7 ,termination ,the expert safety review shall end upon submission of the report required pursuant to paragraph 7#c74 7#e7 ,regulations ,the ,administrator shall issue such regulations as are necessary to implement the recommendations of the expert safety review that the ,administrator determines are necessary to improve aviation safety4 7d7 ,call to action on airman certification standards 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall initiate a call to action safety review of pilot certification standards in order to bring stakeholders together to share lessons learned1 best practices1 and implement actions to address any safety issues identified4 7#b7 ,contents ,the call to action safety review required under paragraph 7#a7 shall include-- 7,a7 a review of ,administration regulations1 guidance1 and directives related to the pilot certification standards1 including the oversight of those processes2 7,b7 a review of revisions made to the pilot certification standards for certificates over the last four years1 including any possible effects on pilot competency in manual flying skills and effectively managing automation to improve safety2 and 7,c7 a process for aviation stakeholders1 including aviation students1 instructors1 designated pilot examiners1 pilots1 airlines1 labor1 and aviation safety experts1 to provide and discuss any observations1 feedback1 and best practices4 7#c7 ,report and recommendations ,not later than #ij days after the conclusion of the call to action safety review pursuant to paragraph 7#a71 the ,administrator shall submit to the congressional committees of jurisdiction a report on the results of the review1 any recommendations for actions or best practices to ensure pilot competency in basic manual flying skills and in effective management of automation1 and actions the ,administrator will take in response to the recommendations4 7e7 ,international pilot training 7#a7 ,in general ,the ,secretary of ,transportation1 the ,administrator1 and other appropriate officials of the ,government shall exercise leadership in setting global standards to improve air carrier pilot training and qualifications for-- 7,a7 monitoring and managing the behavior and performance of automated systems2 7,b7 controlling the flightpath of aircraft without autoflight systems engaged2 7,c7 effectively utilizing and managing autoflight systems1 when appropriate2 7,d7 effectively identifying situations in which the use of autoflight systems is appropriate and when such use is not appropriate2 and 7,e7 recognizing and responding appropriately to non-normal conditions4 7#b7 ,international leadership ,the ,secretary1 the ,administrator1 and other appropriate officials of the ,government shall exercise leadership under subsection 7a7 by working with-- 7,a7 foreign counterparts of the ,administrator in the ,international ,civil ,aviation ,organization and its subsidiary organizations2 7,b7 other international organizations and fora2 and 7,c7 the private sector4 7#c7 ,considerations ,in exercising leadership under paragraph 7#a71 the ,secretary1 the ,administrator1 and other appropriate officials of the ,government shall consider-- 7,a7 the latest information relating to human factors2 7,b7 aircraft manufacturing trends1 including those relating to increased automation in the cockpit2 7,c7 the extent to which cockpit automation improves aviation safety and introduces novel risks2 7,d7 the availability of opportunities for pilots to practice manual flying skills2 7,e7 the need for consistency in maintaining and enhancing manual flying skills worldwide2 7,f7 recommended practices of other countries that enhance manual flying skills and automation management2 and 7,g7 whether a need exists for initial and recurrent training standards for improve pilots' proficiency in manual flight and in effective management of autoflight systems4 7#d7 ,congressional briefing ,the ,secretary1 the ,administrator1 and other appropriate officials of the ,government shall provide to the congressional committees of jurisdiction regular briefings on the status of efforts undertaken pursuant to this section4 #ba4 ,nonconformity with approved type design ,section #ddgjd7;a7 of title #di1 ,united ,states ,code1 is further amended by adding at the end the following3 7#f7 ,nonconformity with approved type design 7,a7 ,in general ,except as provided in subparagraph 7,d71 a holder of a production certificate for an aircraft may not present a nonconforming aircraft to the ,administrator for issuance of an airworthiness certificate4 7,b7 ,civil penalty ,notwithstanding section #dfcja1 a production certificate holder who knowingly violates subparagraph 7,a7 shall be liable to the ,administrator for a civil penalty of not more than #a1jjj1jjj for each nonconforming aircraft4 7,c7 ,penalty considerations ,in determining the amount of a civil penalty under subparagraph 7,b71 the ,administrator shall consider-- 7i7 the nature1 circumstances1 extent1 and gravity of the violation1 including the length of time the nonconformity was known but not disclosed2 and 7ii7 with respect to the violator1 the degree of culpability1 any history of prior violations1 and the size of the business concern4 7,d7 ,remedial action ,the ,administrator may permit a production certificate holder to present a nonconforming aircraft to the ,administrator for an airworthiness certificate if-- 7i7 the ,administrator determines the nonconformity1 when compared to the configuration approved as part of the type design1 does not diminish by any degree the aircraft's safe operation without any change in flight crew operating procedures2 7ii7 the ,administrator determines the nonconformity was not the product of an intentional decision by the production certificate holder to alter the aircraft's configuration from the approved type design2 7iii7 the production certificate holder has fully complied with subparagraph 7,e72 7iv7 the production certificate holder agrees to correct the nonconformity on all nonconforming aircraft within a timeframe that is-- 7,i7 prescribed by the ,administrator2 and 7,,ii7 commensurate with the severity of the nonconformity2 7v7 the production certificate holder informs a person who is to take delivery of the nonconforming aircraft of the nonconformance prior to its delivery2 and 7vi7 the production certificate holder agrees not to impose any penalty1 financial or otherwise1 on a person that chooses to delay the delivery of a nonconforming aircraft until the production certificate holder1 to the ,administrator's satisfaction1 conforms the aircraft to the approved type design of such aircraft4 7,e7 ,notification and proposed remedial action ,a production certificate holder shall1 within #e days of determining that such production certificate holder delivered a nonconforming aircraft1 notify the ,administrator1 the purchaser of the airplane1 and 7if the purchaser is a lessor7 the intended operator of the airplane1 if known4 ,a notification under this clause shall describe-- 7i7 the nonconformity in detail2 and 7ii7 the production certificate holder's initial proposal for actions necessary to eliminate the nonconformity4 7,f7 ,nonconforming aircraft defined ,in this paragraph1 the term nonconforming aircraft means an aircraft that does not conform to the approved type design for such aircraft type4 4 #bb4 ,implementation of recommendations 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall submit a report to the congressional committees of jurisdiction on the status of the ,administration's implementation of covered recommendations4 7b7 ,contents ,the report required under subsection 7a7 shall contain1 at a minimum-- 7#a7 a list and description of all covered recommendations2 7#b7 a determination of whether the ,administrator concurs1 concurs in part1 or does not concur with each covered recommendation2 7#c7 an implementation plan and schedule for all covered recommendations the ,administrator concurs or concurs in part with2 and 7#d7 for each covered recommendation with which the ,administrator does not concur 7in whole or in part71 a detailed explanation as to why4 7c7 ,covered recommendations defined ,in this section1 the term covered recommendations means recommendations made by the following entities in any review initiated in response to the accident of ,lion ,air flight #faj on ,october #bi1 #bjah1 or ,ethiopian ,airlines flight #cjb on ,march #aj1 #bjai1 that recommend ,administration action3 7#a7 ,the ,national ,transportation ,safety ,board4 7#b7 ,the ,joint ,authorities ,technical ,review4 7#c7 ,the inspector general of the ,department of ,transportation4 7#d7 ,the ,safety ,oversight and ,certification ,advisory ,committee1 or any special committee thereof4 7#e7 ,any other entity the ,administrator may designate4 #bc4 ,oversight of ,,faa compliance program 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish an ,executive ,council within the ,administration to oversee the use and effectiveness across program offices of the ,administration's ,compliance ,program1 described in ,order #hjjj4cgc;,a dated ,october #ca1 #bjah4 7b7 ,compliance program oversight ,the ,executive ,council established under this section shall-- 7#a7 monitor1 collect1 and analyze data on the use of the ,compliance ,program across program offices of the ,administration1 including data on enforcement actions and compliance actions pursued against regulated entities by such program offices2 7#b7 conduct an evaluation of the ,compliance ,program1 not less frequently than annually each calendar year through #bjbc1 to assess the functioning and effectiveness of such program in meeting the stated goals and purpose of the program2 7#c7 provide reports to the ,administrator containing the results of any evaluation conducted under paragraph 7#b71 including identifying in such report any nonconformities or deficiencies in the implementation of the program and compliance of regulated entities with safety standards of the ,administration2 7#d7 make recommendations to the ,administrator on regulations1 guidance1 performance standards or metrics1 or other controls that should be issued by the ,administrator to improve the effectiveness of the ,compliance ,program in meeting the stated goals and purpose of the program and to ensure the highest levels of aviation safety2 and 7#e7 carry out any other oversight duties with respect to implementation of the ,compliance ,program and assigned by the ,administrator4 7c7 ,executive council 7#a7 ,executive council membership ,the ,compliance ,program ,executive ,council shall be comprised of representatives from each program office with regulatory responsibility as provided in ,order #hjjj4cgc;,a4 7#b7 ,chairperson ,the ,executive ,council shall be chaired by a person1 who shall be appointed by the ,administrator and shall report directly to the ,administrator4 7#c7 ,independence ,the ,secretary of ,transportation1 the ,administrator1 or any officer or employee of the ,administration may not prevent or prohibit the chair of the ,executive ,council from performing the activities described in this section or from reporting to ,congress on such activities4 7#d7 ,duration ,the ,executive ,council shall terminate on ,october #a1 #bjbc4 7d7 ,annual briefing ,each calendar year through #bjbc1 the chair of the ,executive ,council shall provide a briefing to the congressional committees of jurisdiction on the effectiveness of the ,administration's ,compliance ,program in meeting the stated goals and purpose of the program and the activities of the office described in subsection 7b71 including any reports and recommendations made by the office during the preceding calendar year4 #bd4 ,settlement agreement 7a7 ,sense of congress ,it is the sense of ,congress that the ,administrator should fully exercise all rights and pursue all remedies available to the ,administrator under any settlement agreement between the ,administration and the holder of a type certificate and production certificate for transport airplanes executed on ,december #ah1 #bjae1 including a demand for full payment of any applicable civil penalties deferred under such agreement1 if the ,administrator concludes that such holder has not fully performed all obligations incurred under such agreement4 7b7 ,congressional briefing ,not later than ,february #a1 #bjba1 and every #f months thereafter until a certificate holder described in subsection 7a7 has fully performed all obligations incurred by such certificate holder under such settlement agreement1 the ,administrator shall brief the congressional committees of jurisdiction on action taken consistent with subsection 7a74 #be4 ,human factors 7a7 ,aircraft certification process 7#a7 ,evaluation ,not later than #ah months after the date of enactment of this ,act1 the ,administrator 7acting through the ,associate ,administrator for ,aviation ,safety of the ,administration7 shall-- 7,a7 conduct an evaluation of the development of tools and methods to support the integration of human factors assessment and system safety assessments of human interaction with flight deck and flight control systems for transport airplanes into the aircraft certification process under section #ddgjd of title #di1 ,united ,states ,code2 and 7,b7 develop a framework to better integrate human factors throughout such aircraft certification process with the objective of improving safety by designing systems and training pilots in a manner that accounts for contemporary knowledge to reduce the possibility of an accident resulting in whole or in part from the pilot's interaction with the aircraft4 7#b7 ,report to ,congress ,not later than #fj days after the completion of the evaluation required under paragraph 7#a71 the ,administrator shall submit to ,congress a report detailing the findings of such report and a plan for implementation based on such findings of such report4 7#c7 ,implementation ,upon submission of the report required under paragraph 7#b71 the ,administrator shall implement the findings of such evaluation4 7b7 ,human factors education program 7#a7 ,in general ,the ,administrator shall develop a human factors education program that addresses the effects of modern flight deck systems1 including automated systems1 on human performance for transport airplanes and the approaches for better integration of human factors in aircraft design and certification4 7#b7 ,target audience ,the human factors education program shall be integrated into the training protocol in existence as of the date of the enactment of this ,act such that such program is routinely administered to the following3 7,a7 ,appropriate employees within the ,flight ,standards ,service4 7,b7 ,appropriate employees within the ,aircraft ,certification ,service4 7,c7 ,other employees or authorized representatives determined to be necessary by the ,administrator4 7c7 ,transport airplane manufacturer information sharing ,the ,administrator shall-- 7#a7 require each transport airplane manufacturer to provide the ,administrator with the information or findings necessary for flight crew to be trained on flight deck systems2 7#b7 ensure the information or findings under paragraph 7#a7 adequately includes consideration of human factors2 and 7#c7 ensure that each transport airplane manufacturer identifies any technical basis1 justification or rationale for the information and findings under paragraph 7#a74 #bf4 ,technical corrections ,section #dfcja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,a7 by striking 7except sections #ddgag and #ddgai-ddgbc7 and inserting 7except sections #ddgjd7;a77#f71 #ddgjd7;e77#d71 #ddgag1 and #ddgai-ddgbc72 7#b7 in subsection 7a77#e77;,a7 by striking 7except sections #ddgag-ddgbc7 and inserting 7except sections #ddgjd7;a77#f71 #ddgjd7;e77#d71 and #ddgag-ddgbc72 7#c7 in subsection 7d77#b7 by striking 7except sections #ddgag and #ddgai-ddgbc7 and inserting 7except sections #ddgjd7;a77#f71 #ddgjd7;e77#d71 #ddgag1 and #ddgai-ddgbc72 and 7#d7 in subsection 7f77#a77;,a77i7 by striking 7except sections #ddgag and #ddgai-ddgbc7 and inserting 7except sections #ddgjd7;a77#f71 #ddgjd7;e77#d71 #ddgag1 and #ddgai-ddgbc74 #bg4 ,definitions ,in this ,act3 7#a7 ,administration2 ,,faa ,the terms ,administration and ,,faa mean the ,federal ,aviation ,administration4 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,,faa4 7#c7 ,organization designation authorization ,the term organization designation authorization has the same meaning given such term in section #ddgcf of title #di1 ,united ,states ,code4 7#d7 ,congressional committees of jurisdiction ,the term congressional committees of jurisdiction means the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#e7 ,human factors ,the term human factors means a multidisciplinary set of principles developed to holistically explain and predict pilot behavior in relation to the management of the operation of an aircraft1 including the pilot's management of aircraft systems and response to systems failures and non-normal conditions4 7#f7 ,transport airplane ,the term transport airplane means a transport-category airplane designed for operation by an air carrier or foreign air carrier type-certificated with a passenger seating capacity of #cj or more or an all-cargo or combi derivative of such an airplane4 7#g7 ,type certificate ,the term type certificate-- 7,a7 means a type certificate issued pursuant to section #ddgjd7;a7 of title #di1 ,united ,states ,code1 or an amendment to such certificate2 and 7,b7 does not include a supplemental type certificate issued under section #ddgjd7;b7 of such section4 ,november #af1 #bjbj;,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed